CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 14 septembre 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          AS TO THE ADMISSIBILITY OF                         Application No. 26516/95                       by Mashiur Rahman BHUYIAN                       against Sweden         The European Commission of Human Rights sitting in private on 14 September 1995, the following members being present:              MM.    S. TRECHSEL, President                  H. DANELIUS                  C.L. ROZAKIS                  E. BUSUTTIL                  G. JÖRUNDSSON                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  J.-C. SOYER                  H.G. SCHERMERS            Mrs.   G.H. THUNE            Mr.    F. MARTINEZ            Mrs.   J. LIDDY            MM.    L. LOUCAIDES                  J.-C. GEUS                  M.P. PELLONPÄÄ                  B. MARXER                  M.A. NOWICKI                  I. CABRAL BARRETO                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  J. MUCHA                  E. KONSTANTINOV                  D. SVÁBY                  G. RESS                  A. PERENIC                  C. BÎRSAN                  P. LORENZEN              Mr.    H.C. KRÜGER, Secretary to the Commission         Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;         Having regard to the application introduced on 14 February 1995 by Mashiur Rahman Bhuyian against Sweden and registered on 15 February 1995 under file No. 26516/95;         Having regard to the reports provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to the observations submitted by the respondent Government on 24 March 1995 and the observations in reply submitted by the applicant on 28 April 1995;         Having regard to the supplementary observations submitted by the applicant on 9 and 30 June 1995 and by the respondent Government on 16 June and 4 July 1995;         Having deliberated;         Decides as follows:   THE FACTS         The applicant is a citizen of Bangladesh, born in 1967 and currently placed in compulsory psychiatric care in a hospital at Skellefteå, Sweden. He is represented by Ms. Ewa Lilliesköld, a lawyer in Stockholm.         The facts of the case, as submitted by the parties, may be summarised as follows.   Particular circumstances of the case         The applicant first entered Sweden on 16 February 1990. On 19 February 1990 he requested asylum in Sweden, fearing persecution for political reasons.   He had allegedly, on three occasions, been arrested and ill-treated by the police of Bangladesh on account of his position as Chairman of a branch of the youth league of the Bangladesh Nationalist Party ("BNP"). The most recent arrest had allegedly occurred in November 1989 during a demonstration organised by the BNP. He had also been charged with and convicted of various offences following false accusations made by his political opponents.         On 23 November 1990 the National Immigration Board (Statens invandrarverk) refused the applicant's request.         On 13 June 1991 the Government upheld the refusal, considering that the applicant's fears of ill-treatment on his return to Bangladesh were highly exaggerated, having regard to his political connections and the political changes in that country.         Between December 1991 and January 1992 the applicant lodged three unsuccessful new requests for a residence permit, invoking humanitarian grounds. In one of these requests, of 16 December 1991, he invoked a medical report of November 1991 reproducing, inter alia, the applicant's statements to the effect that he had been tortured during his arrest in 1986 and that he had been assaulted during subsequent arrests in 1987 and 1989.         On 16 December 1991 the applicant was hospitalised at his own request. According to the hospital diary for 19 December 1991 the applicant had ripped his bed cover and placed it around his neck. He had also broken a glass and scratched himself with it before the staff were able to stop him.         On 4 January 1992 the applicant was examined by Dr. Anette Voltaire-Carlsson, a psychiatrist, who concluded that his health did not constitute an obstacle to the enforcement of the expulsion order.         The expulsion order was enforced on 30 January 1992, the applicant being transported in a wheel-chair and having been given sedatives. In Bangladesh he was met by staff of the Swedish Embassy, who assisted him through the passport control.         On 18 December 1992 the applicant again entered Sweden. On 30 December 1992 he lodged a fresh asylum request, again referring to his fear of being persecuted on political grounds in Bangladesh. In the alternative, he requested a residence permit on humanitarian grounds. He alleged that he had been excluded from the BNP in May 1991. Subsequently he had been wanted by the police, having falsely been accused of robbery. This allegedly false accusation had been made by his political opponents. In May 1992 he had escaped to India, where a smuggler had provided him with a false passport. His brother had allegedly been arrested in Bangladesh in November 1992 and the police had assaulted him in order to obtain information about the applicant's whereabouts. Subsequently the brother had also left the country.         On 25 August 1993 the applicant was granted an eighteen-month passport by the Embassy of Bangladesh in Sweden.         On 26 November 1993 the National Immigration Board rejected the applicant's asylum request. It noted, in particular, that in his initial asylum request he had referred to his membership of the BNP, whereas his fresh request had referred to his exclusion from that organisation in May 1991. The Board also took note of the fact that the applicant had obtained a Bangladeshi passport. It considered therefore that he was not wanted in that country. The Board furthermore found no grounds for granting him a residence permit.         The applicant's appeal was rejected by the Aliens Appeals Board (Utlänningsnämnden) on 25 March 1994 following which his mental health allegedly deteriorated.         On 12 August 1994 the applicant lodged a new request for a residence permit, invoking humanitarian grounds and referring to, inter alia, a medical report of 6 August 1994 by Dr. Mikael Brune, a psychiatrist and neurologist. According to Dr. Brune, an enforcement of the expulsion order concerning the applicant would entail a risk that he might commit suicide.         On 19 August 1994 the Aliens Appeals Board rejected the applicant's new request.         On 21 November 1994 the applicant voluntarily sought psychiatric care and was admitted to the hospital clinic where he is presently staying.         In a medical report of 21 December 1994 written by Dr. Mikael Granström, Senior Physician specialising in psychiatry, and confirmed by Dr. Bengt Häggqvist, Senior Physician specialising in neurology, the applicant was considered seriously mentally ill. He was found to suffer from schizophrenia and paranoia. He was suffering from insomnia. He was refusing to eat, fearing food poisoning. He was showing suicidal symptoms and was often found beating his head against the wall. On one occasion he had slashed his wrist.         On 9 January 1995 the applicant lodged a further request for a residence permit on humanitarian grounds, invoking the report of 21 December 1994. This request was rejected by the Aliens Appeals Board on 12 January 1995.         According to a further medical report of 18 January 1995 written by Dr. Granström and by Dr. Maia Alvariza, Acting Senior Physician, the applicant's mental health had deteriorated further. As he had committed several suicide attempts, his care had been converted from voluntary to compulsory treatment. He was not considered fit to be transported.         According to an oral medical report given by Dr. Granström to the applicant's lawyer of 30 January 1995, the applicant was considered to be "dying" and could no longer be "force-fed".         In view of the fresh reports concerning his health the applicant lodged a request for a reconsideration of the Aliens Appeals Board's decision of 12 January 1995, alternatively a request that the matter be referred to the Government. The requests were considered as a new request for a residence permit which was rejected by the Aliens Appeals Board on 31 January 1995.         According to a further oral medical report given by Dr. Granström to the applicant's lawyer of 3 February 1995, the applicant's state of health was deteriorating day by day. He had lost considerable weight and was being fed with the help of a probe.         On 3 February 1995 the applicant lodged a further request for a residence permit on humanitarian grounds, invoking Dr. Granström's report of that day. On 10 February 1995 he also requested that the Aliens Appeals Board should hear one of the physicians whom it normally consulted in expulsion matters (förtroendeläkare). The applicant referred to an entry in his medical journal dated 9 February 1995 and worded as follows:         (translation from Swedish)         "[The applicant] is now clearly expressing a wish that he       should no longer receive nourishment through a probe. He is       unable to mount any active resistance. Force-feeding       is inconsistent with the patient's right to       self-determination. It is therefore necessary to subject       him to compulsory treatment."         On 10 February 1995 the Aliens Appeals Board rejected the applicant's requests of 3 and 10 February 1995.         On 17 February 1995 the County Administrative Court (länsrätten) of Västerbotten consented to the compulsory care of the applicant for four months.         A report of 7 June 1995 submitted at the applicant's request by Dr. Granström and Dr. Carl-Gustaf Olofsson, Chief Medical Officer, states, inter alia, as follows:         (translation from Swedish)         "... On 31 January an intravenous drip was installed       because it was becoming increasingly difficult for the       patient to eat and drink and he had lost several       kilogrammes. He had visual and olfactory hallucinations       concerning food, saying that things were moving in it       (worms, spiders) and that it smelt odd. He was unable to       eat and vomited on ingestion. On 1 February it was decided       to insert a feeding tube because the condition appeared to       be prolonged. He made many attempts to pull the tube out       and succeeded on a few occasions.         The medical condition with worsening depressive psychosis       and continuing need to forcefeed the patient by tube       because of further loss of weight led to the decision to       place the patient in compulsory care on 9 February.   He had       declined physically and his life was in danger as a result       of his general mental derangement. ... The force-feeding       continued until 21 March.         Virtually every evening and night the patient shows       symptoms such as agitation and anxiety. He does not dare to       sleep, partly because of bad nightmares which wake him up       and make him afraid and partly because he thinks that       someone will harm him while he is asleep. He becomes more       secure if staff are by the bed. He nevertheless sleeps       normally for a few hours a night. He is very susceptible,       flinches when somebody bangs a door, keys jangle or when       staff or other patients run or suddenly come towards him.       With even more disturbance in the unit the patient is very       negatively affected: motor agitation, fear, anguish; he       wants to get out of the department and bangs his head       against the wall. He states that when the anguish overcomes       him he loses control over himself and his existence; he       does not know what he is doing and something inside him       says he is going to die. This is judged to be a condition       of prepsychosis-psychosis. Suicide attempts form part of       the psychotic symptom.         The psychotic symptoms are attenuated by the use of       psychopharmacological drugs. The psychotic outbreaks which       are still seen are a consequence of the pronounced fear,       and spring from both the outer stresses and the inner world       of paranoic ideas.         It should be noted that physically the patient has lost a       lot of weight and has generalised pronounced muscular       tension. He has a serious difficulty with aches in the       muscles and joints, though a certain improvement has been       observed thanks to the physiotherapy given.         Short description of suicide attempts:          4.1.95     Broke a bottle and cut himself on the left wrist                  and the stomach, and tried to throttle himself                  with a sheet ripped into strips.   Later the same                  day he crushed a glass in his hand and tried to                  cut himself with it, despite close supervision                  (suicide watch).         18.1.95     Tried to hang himself from a curtain rail using                  torn bed linen (released by staff).         21.3.95     Pulled out the nasogastric feeding tube and                  tried to throttle himself with it.   Cut his                  throat with a glass that he broke.         8.5.95      Cut his wrist with a broken bottle.   Later tried                  to hang himself from the curtain rail with                  string.         29.5.95     Out for exercise with staff, he darted out into                  the road and tried to throw himself in front of                  a car, but was prevented by staff.   Took a table                  knife and tried to cut himself with it. ..."At                  the respondent Government's request Dr. Sten                  Lindgren on 13 June 1995 submitted a report                  based on his evaluation of the existing medical                  documentation of the applicant's physical and                  mental health as well as on his own examination                  of the applicant on 9 June 1995.    Dr. Lindgren                  is one of the physicians normally consulted by                  the Swedish Immigration Board in cases of this                  kind (förtroendeläkare). His report reads, inter                  alia, as follows:         (translation from Swedish)         "...       The diary kept by the psychiatric clinic in Skellefteå: ...       The report by Nurse Anette Henrysson covers the period from       30 January to 18 February 1995.   She states that MR [i.e.       the applicant] was not able to eat and that he drank less       and less. He is said to be more and more worried and       depressed and losing weight the whole time. He spends most       of the time lying in bed, has a good deal of pain, is stiff       in the joints and sometimes cannot manage to go to the       smoking room. Tube feeding began on 1 February 1995, split       up into four times a day. MR will take only half the       prescribed quantity of tube gruel, which results in big       conflicts and much persuasion on the part of the staff.       Because of stiff joints and muscles, thermotherapy has       begun and efforts are made to get the patient to walk as       much as possible. MR pulled the tube out twice during the       period. He is said to know that the European Commission [of       Human Rights] has taken up his case. A slight improvement       is noted as from 15 February 1995 when MR begins to sit in       the day-room more, is significantly more talkative than       before and a "spark" of hope is to be seen.   He can talk of       other things than his death wish, joins in games and thinks       of writing to his relatives. He is also willing to try to       eat something liquid.         The report by Nurse Barry Lundmark covers the period       19 February to 3 April 1995. MR is stated to have been tube       fed from 1 February to 21 March 1995. He is said to have       pulled the tube out on 21 March and performed a number of       violent acts of a self-destructive nature. A new tube was       not inserted immediately because it was desired to see       whether MR would manage to take his own responsibility for       eating. For the first few days he was overcome by worry,       but then there was a certain improvement as regards both       his capacity for initiative and his mood. MR is stated to       still have great anxiety with visual and auditory       hallucinations and is said to be tense and agitated while       waiting for the decision [of the Commission] which is       expected soon.         The report by Nurse Anette Henrysson covers the period       3 March to 14 May 1995. MR is stated as having a better       appetite and finally getting bigger portions at his own       request. At the end of April he has some really good days       when he has no serious anxiety and is much happier and       alert. He takes part in the activities of the ward in       another fashion than before, tidying up, playing games and       being very keen to make contacts. But he still sleeps badly       at nights and is often woken up by nightmares. It is also       said that nearly every day MR has aches and pains,       especially in the shoulders and neck, and is receiving       physiotherapy. He spoke by telephone to his relatives in       Bangladesh and is said to miss them, especially his mother.       In the beginning of May he became more depressed and cried       more often. He does not believe the forthcoming decision       [of the Commission] will be favourable and starts having       fits of anxiety again, with thoughts of death as the only       way out. In the night of 8 May 1995 he cut himself with a       broken bottle and tried to hang himself from the curtain       rail.         The entry for 29 May 1995 by Senior Physician Mikael       Granström states that while out for a walk with staff, MR       ran into a roadway and tried to throw himself in front of       a car. When he came back into the ward he took a table       knife and tried to cut himself with it. The patient was       considered to be so mentally unstable that his freedom was       restricted and a suicide watch established.         The entry for 30 May 1995 by Senior Physician Mikael       Granström states that MR says he can promise not to do       anything to himself, so that the suicide watch was removed.       ...       The report by Nurse Anette Henrysson covers the period       15 May to 4 June 1995. MR is stated to be becoming       increasingly agitated and anxious in the days preceding the       decision [of the Commission]. On one occasion he tries to       smash the window in his room because he is so desperate and       wants to get away from the ward. He learns on 25 May that       the case [before the Commission] is held over until 7 July       and after this the feelings of anxiety and hopelessness get       worse. His appetite declines greatly in a few days. On       29 May it is said that MR shows more motor agitation.       During the day he cuts one arm with a table knife and       breaks glass. MR begins to feel better afterwards and       attempts are made to liven him up with gymnastic games and       walks. He is not in such a black mood, but does not know       how he will manage to live until July and says he will take       his life straight away if he gets negative news.       ...       In a hand-written report sheet it is stated that on the       evening of 1 June MR went along to the gym ... While there       he played volleyball and badminton and thought it was real       fun. He went for a walk on 2 June with the contact person       to go out and buy things and was talkative and somewhat       happier. MR again played games in the evening. According to       the entry for 3 June he slept more than usual the previous       night. He plays games and has quite a good day, but cannot       see how he will be able to wait a month for the decision       [of the Commission]. In the entry for 6 June it is stated       that MR slept between 12.30 am and 5 am. He woke up in a       state of acute anxiety and wanted to get out of the ward       and harm himself. ... In the evening MR is said to have       tried to break open the knife drawer in the kitchen. In the       entry for 9 June it is stated that MR had slept for about       three hours and was anxious about receiving a visit from       the consulting physician [Dr. Lindgren].       ...       I personally examined MR on the care ward in Skellefteå ...       Before the consultation I observe that the curtain rails on       the ward consist of weak l-shaped sections on wall       brackets.         Account of the consultation: ... When I ask MR about how he       felt when he first came to Sweden, he says that it was fine       at first, but later it became awful and was now just as bad       as it was in Bangladesh.   He is hunted by the police here       too.   MR does not care any more about what is happening in       the refugee camp, but just wants to die.   He asks for help       in taking his life.   MR cannot say how he would go about       committing suicide.   The only thing people can do for him       from now on is put flowers on his grave.         When I ask MR what he thinks of the food on the ward, he       says it's fine, but he has a poor appetite.   After three       mouthfuls he can't eat any more.         Regarding sleep, MR says that he has nightmares and       difficulty in sleeping.   When I ask him to describe what he       usually dreams about he says that it can be regarded as       fire but does not give any more detail despite further       questioning.         I ask MR if he has ever had the experience of hearing or       seeing something beyond the normal reality.   He says that       he constantly hears noise in the ears as from a TV set       which is out of order. Concerning visual hallucinations, he       says that he can see blood, but does not describe any       context into which the blood fits.         I again take up the self-destructive episodes which have       been described during his period in care and ask MR whether       he thought he would die through these actions.   He says       that he doesn't remember.   I ask him to explain why he was       not injured or killed in the incident where he ran into the       roadway and tried to throw himself in front of a car.   I       suggest three alternative explanations: according to the       first there was no car, according to the second the staff       rushed to prevent him, and according to the third he was       not capable of taking this step.   MR says he can't       remember.         The treatment with mainly anti-psychotic and       anxiety-reducing drugs which has been used on the ward has,       according to MR, had a positive effect on his sleep.         I ask MR how he thinks his life will look in five years'       time if he is allowed to stay in Sweden.   He says he has       neither dreams nor plans and repeats that his life is over       and that it doesn't matter any more what happens.   He says       that he would be dead within five minutes if he got out of       the ward, but does not say how he would take his life.         MR confirms that he has spoken by telephone with his       parents in Bangladesh, but did not tell them how he was       living his situation in Sweden.       ...         Somatic condition: MR is slightly built and weighs 49 kg       without clothes. ... His appearance is generally       appropriate to his age.   MR appears thin but not emaciated.       Normal skin colour and moist mucous membranes. He is not       badly affected and does not need to stay in bed.         Heart and lungs were listened to and the belly palpated,       all OK.   ... Pupil reaction, eye movements and ... reflexes       were examined, OK. Range of movement in hip and knee joints       and the elbows OK, but movement in the shoulders is       restricted and the patient has difficulty in raising his       left arm for the finger-nose test.         MR indicates that he has a scar on the forehead somewhat to       the right of the centre line and a couple of centimetres       above the edge of the scalp. The scar is bowed and about       3 cm long. It is said to have been caused by a blow with a       brick. He also points out a scar midway up the front of the       lower leg with irregular hyperpigmentation and a size of       2x1 cm. This is also said to have been caused by a brick.         Mental condition: During the consultation MR looks anxious       but is judged to be clear and well-oriented.   He sometimes       does not answer and sometimes answers with a variable delay       to the questions asked, and speaks with a fairly weak       voice.   The answers he gives are considered appropriate to       the context.   Eye contact is limited.   Sometimes he gives       the impression of being absent, but appears at the same       time to note what is happening in the room and to react to       noise from various sources.   His attitude is interpreted as       sometimes seeking help and sometimes rejection.   MR is       generally capable of sitting still during the consultation,       but stands up on a few occasions and stands for a while       before sitting down again of his own accord or after being       urged to do so.   The anxiety level appears to be high and       MR looks tense.   He appears well-controlled all the time.       The basic mood is understood as being somewhat down.   In       moving about the ward the patient moves relatively slowly       and hesitantly, but this is not interpreted as any       manifestation of motor impairment.   There is no       hallucinatory behaviour and the reported visual and       auditory experiences are not considered to have psychotic       significance.   The sleeping difficulties mentioned are       described as are the reduced appetite and refusal to eat       and drink at times.   The thought process is considered to       be normal and no bizarre features are noted in the thought       content.   The patient's fear appears to be appropriate in       the present situation.   MR describes his hopelessness and       reports death wishes and suicidal intentions, but does not       describe any concrete suicide plans.   He appears to have a       good intellectual capacity.         ... The present physical and mental state and the various       suicide attempts:         In the case file there is a medical/psychiatric report from       MR's previous period in Sweden and medical reports       subsequent to his return and the diary for the current stay       in the Skellefteå Psychiatric Clinic.   In addition I have       conferred with Senior Physician Mikael Granström.         The available documents clearly indicate that MR has in the       past been physically and mentally healthy, with good       intellectual capacities.   Earlier reports indicate that       before the expulsion of 30 January 1992 MR was in a       reactive state triggered by his situation, with anxiety and       depression as the main symptoms.   There do not seem to have       been any psychotic element.   Self-destructive behaviour is       stated to have occurred on various occasions.   On one such       occasion MR hit himself on the head with a soft drink       bottle, causing bumps to appear.   The "foster parents" did       not note any direct suicide attempt.   During a period in       care in Sundsvall, it was not considered that there was any       suicide risk.   While MR was in the Säter Hospital, when he       was informed of a negative decision [by the National       Immigration Board] he ripped his bed-cover and pulled in       round his neck and also broke a glass and scratched himself       with it before the staff could intervene.   His suicidal       thoughts were considered to be conditional and there was       thought to be no risk of suicide in the ward.   MR weighed       68 kg when he first came to Sweden.   He refused to eat or       drink in the Säter Hospital and according to the report       weighed no more than about 40 kg when expelled.   The report       on the actual expulsion states that he ate and drank and       remained calm on the homeward journey.         After MR's return to Sweden the medical report of       6 August 1994 written by Dr. Brune stated that as a result       of the circumstances there was a long-lasting crisis       situation leading to reactive depression with probably       hysterical elements.   Instability and poor control over his       impulses would in the case of enforcement probably involve       a significant risk of self-destructive behaviour with a       danger of suicide.         In a medical report of 21 December 1994, Dr. Granström       considers that there is a schizophreniform psychosis.   MR       is stated to have smashed a glass and cut himself on one       occasion.   It is judged that he could be a danger to       himself and it is also expected that he would be capable of       acting destructively against other people in an enforcement       situation.         According to the diary, on 4 January 1995 he broke a bottle       and cut his left wrist and stomach.   He also ripped up a       sheet and tried to throttle himself with it.   In addition       he took a glass and crushed it in his hand to cut himself.       Following a negative decision, MR tried on 18 January 1995       to hang himself from a curtain rail using torn bedclothes       and also broke a glass and cut his arms.         In a medical report of 13 February 1995, Dr. Granström       considers that MR is suffering from reactive depression       bordering on psychotic values which manifests itself in the       refusal to eat.         According to the diary, in the night of 8 May 1995 MR cut       himself with a broken bottle and tried to hang himself from       the curtain rail.   On 29 May when out for a walk with       staff, he ran into the roadway and tried to throw himself       under a car.   Back on the ward he took a table knife and       tried to cut himself with it.         In a medical report of 9 June 1995, Dr. Granström judges MR's       condition to be prepsychosis-psychosis and the suicide attempts       to be part of the psychotic symptoms.Certain obvious damage in       connection with the reported self-destructiveness has never been       documented.   Aggressiveness directed against the environment has       not been described either.         According to the diary, MR refused to eat or drink in the       ward and for this reason was fed by tube from 1 February to       21 March 1995.   On this last date he pulled the tube out       and he is said to have performed several violent acts of a       self-destructive type, without giving any more detail.   His       weight was 46 kg on 9 February 1995 and 49 kg when I       examined him on 9 June.   In April MR was given bigger       portions at his own request and had some really good days       towards the end of that month.         A note from the medical clinic in February states that       there is scarcely any sign of critical malnutrition.   A       laboratory note at the same time indicates normal values.         Dr. Granström considers in his various reports that MR's       condition has psychotic significance.   Other material       however, including my own examination, points towards the       elements in MR's behaviour and experience which can lead to       such an interpretation resulting instead from an obvious       regression and from MR's cultural background.         Summarising, I consider that MR has a reactive mental       insufficiency condition with anxiety, depression and       sleeping difficulties stemming from prolonged uncertainty       and stressful living conditions.   Instability and impulsive       acts with self-destructive manifestations cannot be       excluded in an expulsion situation.   The risk of serious       harm or actual suicide is nevertheless considered to be       limited in view of what has happened in the past.   The       present uncertainty can be seen as constituting a       destabilising factor.   The family in the home country can       on the other hand be expected to have a calming effect.         Neither the physical nor the mental condition of MR at       present can be seen as constituting any obvious impediment       to enforcement.   However, since he cannot be expected to       cooperate in an expulsion situation, the maintenance of       adequate safety therefore requires continuous supervision       from the time the applicant is informed of the expulsion as       well as an escort during the journey home. ...         Since the physical condition can deteriorate in a short       time if MR refuses to eat and drink, it is important that       the time between an eventual expulsion decision and its       enforcement should be kept to a minimum.       ...         Conclusion: Impediments to enforcement on       medical/psychiatric ground cannot be considered to exist       provided that the measures outlined above are taken in an       expulsion situation. ..."         On 16 June 1995 the County Administrative Court consented to continued compulsory care of the applicant for a further period of six months.   Relevant domestic law         According to the 1989 Aliens Act (utlänningslag 1989:529), a residence permit may be granted to an alien for humanitarian reasons (chapter 2, section 4, subsection 1 (2)). A so-called new request for a residence permit may only be granted if the request, lodged by an alien who is to be refused entry or expelled by a decision which has acquired legal force, is based on new circumstances and provided the applicant is either entitled to asylum or there are weighty humanitarian reasons for allowing him or her to stay